Legal Liab - PP - Chapter 2

Legal Liab - PP - Chapter 2 - Types of Violations Willful...

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Chapter 2 OSHA Enforcement
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Monetary Fines and Penalties 10K to 70 K Max (1990) Categorization of penalties Penalty table
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Penalties De minimis notice Nonserious Serious Repeat Willful Failure to Abate Failure to Post
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Criminal Penalties OSH Act Advanced Notice False statements Death of an employee
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OSHA Inspection Opening Conference Walk-through inspection Closing Conference Issuance of citations
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Inspection Checklist Preparing for an OSHA inspection
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Types of Violations De Minimis Minor type violations Usually no fine Usually no abatement period No immediate impact on safety & health
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Types of Violations Other or Nonserious Probability of death or serious harm is minimal Subjective determination
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Types of Violations Serious “Substantial probability that death or serious physical harm could result….” Foreseeable Do not need to show “high probability”
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Unformatted text preview: Types of Violations Willful Most severe monetary penalty 70K Willful not defined in OSHA regulations Courts Voluntary with either intentional disregard or plain indifference Civil v. criminal Types of Violations Repeat and Failure to Abate Most costly Repeat violation Per day penalty Failure to abate Repeat Same violation again Failure to Abate violation not repaired. Types of Violations Failure to Post Up to 7K Rarely enforced Types of Violations Criminal Up to 10K and imprisonment up to 6 months. Criminal Referrals to the Justice Department. Types of Violations Students should know these categorizations Categorization of violations can be challenged Will NOT know the categorization DURING the inspection....
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This note was uploaded on 08/08/2010 for the course SSE 833 taught by Professor Dr.schneid during the Summer '10 term at E. Kentucky.

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Legal Liab - PP - Chapter 2 - Types of Violations Willful...

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